Case: Gilbert v. Rogers Sch. Dist. No. 5

4:97-cv-00020 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Jan. 8, 1997

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On January 8, 1997, parents, on behalf of their minor daughters, filed a class action complaint under Title IX of the Education Amendments of 1972, in the United States District Court for the Northern District of Oklahoma against Independent School District No. 5 of Rogers County (also known as the Inola School District). Plaintiffs were certified as a class on April 24, 1997. We have very little court information about this case -- just a docket sheet. But according to the plaintiffs' couns…

On January 8, 1997, parents, on behalf of their minor daughters, filed a class action complaint under Title IX of the Education Amendments of 1972, in the United States District Court for the Northern District of Oklahoma against Independent School District No. 5 of Rogers County (also known as the Inola School District). Plaintiffs were certified as a class on April 24, 1997.

We have very little court information about this case -- just a docket sheet. But according to the plaintiffs' counsel's website, http://www.schillerlawfirm.com/gilbertvinola.html highlights of the settlement, approved in 1998, included:

1. The School District agreed to take affirmative steps to promote the participation of female students in the district's athletic program. This commitment includes the addition of varsity girls' volleyball.

2. The School District agreed to conduct a written survey of student interest in school sports at least every other year.

3. The School District agreed to establish a system of accounting for expenditures on male and female sports.

4. The School District agreed that it has the responsibility to equitably support boys' and girls' sports.

5. The School District agreed to publish to its students its commitment to equal opportunities for male and female students to participate in athletics.

6. The School District acknowledged its obligation to select coaches for boys' and girls' teams in an equitable manner.

7. The School District agreed to ensure that coaches of female teams receive special instruction regarding the value of strength and conditioning, and the use of the weight room.

On June 15, 1998, the Court (Judge Sven Erik Holmes) awarded plaintiffs attorneys' fees and costs totaling $18915.41 and terminated the case. On July 22, 1998, the parties filed a joint stipulation of dismissal, and the case was dismissed with prejudice.

Summary Authors

Heather Turner (6/2/2014)

People


Judge(s)

Holmes, Sven Erik (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Mann, J Douglas (Oklahoma)

Shook, Jonathan Everett (Oklahoma)

Judge(s)

Holmes, Sven Erik (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Mann, J Douglas (Oklahoma)

Shook, Jonathan Everett (Oklahoma)

Documents in the Clearinghouse

Document

4:97-cv-00020

Docket [PACER]

Gilbert v. Rogers Sch. Dist. 5

July 22, 1998

July 22, 1998

Docket

Docket

Last updated Aug. 26, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT (Summons(es) issued); Consent form sent (fee status: pd ) (C2J) (crp, Dpty Clk) (Entered: 01/13/1997)

Jan. 8, 1997

Jan. 8, 1997

WAIVER OF SERVICE OF SUMMONS by defendant Rogers Sch Dist 5 on 1/9/97, signed 1/23/97 by Leroy Johnson, Clerk of Bd of Education (C2J) (crp, Dpty Clk) (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

WAIVER OF SERVICE OF SUMMONS by defendant Perry Adams on 1/9/97, signed 1/23/97 (crp, Dpty Clk) (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

2

ANSWER by defendant Rogers Sch Dist 5, defendant Perry Adams to [1−1] (C2J) (crp, Dpty Clk) (Entered: 03/13/1997)

March 10, 1997

March 10, 1997

MINUTE ORDER: It is hereby ordered that a CMC/STATUS HRG is set for 1:15 p.m. on 4/24/97 before Judge Holmes. Parties are to file a joint CMC Plan at least four working days prior to the CMC. (SEH−J)(cc: all counsel) (djh, Dpty Clk) (Entered: 03/26/1997)

March 26, 1997

March 26, 1997

CASE MANAGEMENT PLAN Received (pll, Dpty Clk) (Entered: 04/21/1997)

April 18, 1997

April 18, 1997

3

MOTION by plaintiffs to certify class action (o2j) (pll, Dpty Clk) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

4

BRIEF by plaintiff Willie Gilbert, plaintiff Marilyn Gilbert, plaintiff Boyd Louderback, plaintiff Debra Louderback, plaintiff Douglas R Jacobsen, plaintiff Susan G Jacobsen in support of motion to certify class action (C2J) [3−1] (crp, Dpty Clk) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 4/24/97 ; stat/case discussed; pltf req ct/rule upon whether can proceed as class actn−deft has no obj−ct enters ord for class actn certif; pltf req hrg/hrg w/Mr. Adams present−hrg will be set after ntc by pties such hrg is approp; pltf &ct discusses 30 day statuses. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 04/24/1997)

April 24, 1997

April 24, 1997

5

ORDER by Judge Sven Erik Holmes regarding motion to certify class action [3−1]; the action is certified as a class (See O for definition of class); Plfs need not provide any formal ntc to any members of the certified class (cc: all counsel) (crp, Dpty Clk) (Entered: 04/25/1997)

April 24, 1997

April 24, 1997

REMARK: Per Mr. Yasser, the dmg clm is being dism &a stat hrg is needed. (djh, Dpty Clk) (Entered: 04/30/1997)

April 30, 1997

April 30, 1997

MINUTE ORDER: IT IS HEREBY ORDERED THAT a STATUS HRG is set for 12:30 p.m. on 5/6/97 before Judge Holmes. (SEH−J) (cc: all counsel) (djh, Dpty Clk) (Entered: 05/01/1997)

May 1, 1997

May 1, 1997

REMARK: Pties phoned by CRD re: 5/6/97 stat hrg. (djh, Dpty Clk) (Entered: 05/01/1997)

May 1, 1997

May 1, 1997

REMARK: The minute ord of 5/5/97 reflects the 8:45 a.m. status hrg on 5/6/97 is stricken; it should read the 12:30 p.m. status hrg on 5/6/97 is stricken. (djh, Dpty Clk) (Entered: 05/12/1997)

May 5, 1997

May 5, 1997

MINUTES of CMC/Status Hrg: Ct orders that tour of facilities should take place first, then pltfs provide bill of particulars; 1st monthly status hrg set for 6/12/97 at 3:15 p.m. by Judge Sven Erik Holmes (CR−G. Dorrough) (lmc, Dpty Clk) (Entered: 05/15/1997)

May 14, 1997

May 14, 1997

6

JOINT STIPULATION OF DISMISSAL OF INDIVIDUAL DEFENDANT (PERRY ADAMS) (w/prej) (C2J) (crp, Dpty Clk) (Entered: 05/15/1997)

May 14, 1997

May 14, 1997

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 6/12/97 , pties had tour on 6/4/97; pltf has prov prel ltr to defts; STATUS HRG set for 3:30 p.m. on 7/17/97 (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

MINUTE ORDER: IT IS HEREBY ORDERED that the Status Hearing set for 3:30 p.m. on 7/17/97 is moved up and the STATUS HRG is reset for 1:00 p.m. on 7/17/97 before Judge Holmes. (SEH−J) (cc: all counsel) (djh, Dpty Clk) (Entered: 06/26/1997)

June 26, 1997

June 26, 1997

MINUTES of continued status hrg by Judge Sven Erik Holmes: parties state that everything is going well; Ct will enter a scheduling order at the next status hrg set for 8/29/97 at 12:30 (CR−G.Dorrough) (lmc, Dpty Clk) (Entered: 07/17/1997)

July 17, 1997

July 17, 1997

REMARK−called all parties re change in status hrg from 12:30 to 1:00 on 8/29/97 (lmc, Dpty Clk) (Entered: 08/28/1997)

Aug. 28, 1997

Aug. 28, 1997

MINUTES of status hrg by Judge Sven Erik Holmes: pltf states that progress is still being made; pltf req depo of superintendent, Mr. Adams−Ct allows w/in 30 days; parties wish to cont stlmt proceedings; pltf req another on site visit−no obj (but dft was not aware)−Ct will not set another visit until most everything is done; STATUS HRG reset for 12:30 10/17/97 (CR−Gl Dorrough) (lmc, Dpty Clk) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 10/17/97 ; pties prov ct w/oral stat rpt; agrd upon stmt of facts due 12/12/97 − soon thereafter ct will have a hrg to visit the facility &then set a brfing sched; ct will attempt to visit school on 12/19/97.(G. Dorrough−CR) (djh, Dpty Clk) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

LETTER from atty Karen Long confirming matters agreed to at time of status hrg on 10/17/97 (fe, Dpty Clk) (Entered: 12/12/1997)

Dec. 11, 1997

Dec. 11, 1997

7

STIPULATION − PARTICIPATION by Plaintiffs and Defendants (C2J) (sac, Dpty Clk) (Entered: 12/15/1997)

Dec. 12, 1997

Dec. 12, 1997

MINUTE ORDER: IT IS HEREBY ORDERED that a STATUS HRG is set for 1:30 p.m. on 2/26/98 before Judge Holmes. (SEH−J) (cc: all counsel) (djh, Dpty Clk) (Entered: 02/24/1998)

Feb. 24, 1998

Feb. 24, 1998

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 2/26/98 , pties are close to settling; STATUS HRG cont to 8:30 4/9/98 (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 02/26/1998)

Feb. 26, 1998

Feb. 26, 1998

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 4/9/98 , pties rpt a tentative agrmt has been reached; STATUS HRG set for 1:15 p.m. on 5/8/98 , final stlmt agrmt due 5/8/98; brfs on attys fee issue due 5/11/98; resp due 15 days thereafter; MOT/ATTY FEES HRG set for 12:30 p.m. on 5/27/98 .(G. Dorrough−CR) (djh, Dpty Clk) (Entered: 04/09/1998)

April 9, 1998

April 9, 1998

MINUTE ORDER: IT IS HEREBY ORDERED that a Status Hearing is set for 1:15 p.m. on 5/8/98 and a Motion for Attorney Fees Hearing is set for 12:30 p.m. on 5/27/98. Final Settlement Agreement due 5/8/98. Briefs on attorney fees due 5/11/98 and responses are due 15 days thereafter. (SEH−J)(cc: all counsel) (djh, Dpty Clk) (Entered: 04/09/1998)

April 9, 1998

April 9, 1998

9

BRIEF by plaintiffs in support of motion for attorney fees and costs [8−1], [8−2] (lmc, Dpty Clk) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 5/8/98 , pties prov ct w/agrmt tht has been reached; pltf moves for dism−no obj frm deft−ct gr &pties to prep prop dism ord for the ct's signature. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

10

NOTICE (Settlement Agreement) by parties (fe, Dpty Clk) (Entered: 05/11/1998)

May 8, 1998

May 8, 1998

11

RESPONSE (BRIEF IN OPPOSITION) by defendant Rogers Sch Dist 5 to motion for attorney fees [8−1], to motion for costs (C2J) [8−2] (crp, Dpty Clk) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

MINUTES: by Judge Sven Erik Holmes: Mot/Atty Fees Hrg held on 5/27/98 , pltf req time to resp to deft's resp to pltf's mot/atty fees &csts−due 6/5/98; hrg cont to 1:00 p.m. on 6/12/98 before Judge Holmes; deft to prep prop ord; rpt of addtl info re: atty fees issue due 6/8/98. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 05/27/1998)

May 27, 1998

May 27, 1998

12

ATTORNEY APPEARANCE for defendant Rogers Sch Dist 5 by Jonathan E Shook (C2J) (crp, Dpty Clk) (Entered: 05/28/1998)

May 27, 1998

May 27, 1998

PROPOSED Order re m/atty fees and costs (sent to Judge) (crp, Dpty Clk) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

13

REPLY by plaintiff Susan G Jacobsen, plaintiff Douglas R Jacobsen, plaintiff Debra Louderback, plaintiff Boyd Louderback, plaintiff Marilyn Gilbert, plaintiff Willie Gilbert to response to motion for attorney fees [8−1], motion for costs (C/J) [8−2] (crp, Dpty Clk) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

LETTER from Pltfs' cnsl, Ray Yasser re m/atty fees (C2J) (crp, Dpty Clk) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

14

STATUS REPORT by defendant Rogers Sch Dist 5 re fee negotiations (C2J) (crp, Dpty Clk) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

TRANSCRIPT of in−court hrg before Judge Sven Erik Holmes for date(s) of: 5/27/98 (C/R Glen R. Dorrough; 13 pgs) (crp, Dpty Clk) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

15

ORDER by Judge Sven Erik Holmes re mtn for attorney fees [8−1] and mtn for costs [8−2]; 1) cnsl for ptys will meet before 6/8/98 and seek to resolve fee dispute 2) ptys will file jt status rpt w/Crt on/before 6/8/98 advising Crt as to discussions and results of conference to settle fee dispute 3) hearing on motion for attorney fees is set for 1:00 p.m. on 6/12/98 (cc: all counsel) (crp, Dpty Clk) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

TRANSCRIPT of in−court hrg before Judge Sven Erik Holmes for date(s) of: 5/8/98 (C/R Glen R. Dorrough; 5 pgs) (crp, Dpty Clk) (Entered: 06/11/1998)

June 11, 1998

June 11, 1998

MINUTES: by Judge Sven Erik Holmes Mot hearing held on 6/12/98 ; argmts heard on mot/atty fees−MUA. (G. Dorrough−CR) (djh, Dpty Clk) (Entered: 06/12/1998)

June 12, 1998

June 12, 1998

16

ORDER by Judge Sven Erik Holmes regarding motion for attorney fees [8−1], regarding motion for costs [8−2]; Crt finds that Pltfs are entitled to reasonable attys' fees; that a reduction in the lodestar amnt is appropriate; this reduction in no way reflects adversely on the high quality of the legal work in this matter; Crt awards amnt of $7,087.50 for Professor yasser and $10,012.50 for Mr. Schiller as reasonable attys' fees; Crt awards Mr. Schiller an hourly rate of $150.00/hour; Professor Yasser is entitled reasonable costs in amnt of $78.75 and Mr. Schiller is entitled to reasonable costs in amnt of $1,736.66; Crt awards Pltfs fees in total amnt of $17,100.00 and costs in total amnt of $1,815.41 (cc: all counsel) (crp, Dpty Clk) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

18

Joint STIPULATION OF DISMISSAL by defendant Rogers Sch Dist 5, and plaintiffs Susan G Jacobsen, Douglas R Jacobsen, Debra Louderback, Boyd Louderback, Marilyn Gilbert, Willie Gilbert ; CASE DISMISSED w/prejudice (lmc, Dpty Clk) (Entered: 07/23/1998)

July 22, 1998

July 22, 1998

Case Details

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: Jan. 8, 1997

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents, on behalf of their minor daughters, certified as representatives of the class of those similarly situated

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Independent School District No. 5 of Rogers County (Inola, Rogers), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Amount Defendant Pays: 18,915.41

Order Duration: 1998 - 0

Issues

Affected Gender:

Female

Type of Facility:

Government-run